No. 19-47

Jeryme Morgan v. Minh Schott, et al.

Lower Court: Seventh Circuit
Docketed: 2019-07-08
Status: Denied
Type: Paid
Amici (1)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: 42-usc-1983 civil-rights criminal-sentence disciplinary-proceedings due-process edwards-v-balisok heck-bar heck-v-humphrey mixed-sanctions non-durational-sanctions section-1983
Key Terms:
SocialSecurity DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-12-06 (distributed 2 times)
Question Presented (AI Summary)

Whether Heck bars § 1983 claims for damages in mixed-sanctions cases where the inmate challenges only the non-durational elements of the sanction, expressly forfeiting the right to challenge any addition to the length of his criminal sentence

Question Presented (OCR Extract)

QUESTION PRESENTED When an inmate is penalized for a disciplinary infraction, prison officials may impose durational sanctions (e.g., revoking good-time credits) or nondurational sanctions (e.g., reducing prison privileges). Often, officials will impose both durational and nondurational sanctions in the same _ disciplinary proceeding—a so-called “mixed-sanctions” case. Heck v. Humphrey, 512 U.S. 477 (1994), and Edwards v. Balisok, 520 U.S. 641 (1997), bar an inmate from seeking damages under 42 U.S.C. § 1983 for disciplinary action resulting in durational sanctions unless the adverse disciplinary findings have been invalidated or set aside in a separate proceeding. In contrast, this “Heck bar” does not apply to an inmate seeking damages under § 1983 for nondurational sanctions. The question posed in this case involves application of the Heck bar to a mixedsanctions case—a frequently recurring issue that is the subject of an acknowledged circuit split. Specifically, the question that has split the circuits, presented cleanly here, is whether Heck bars § 1983 claims for damages in mixed-sanctions cases where the inmate challenges only the non-durational elements of the sanction, expressly forfeiting the right to challenge any addition to the length of his criminal sentence.

Docket Entries

2019-12-09
Petition DENIED.
2019-11-13
DISTRIBUTED for Conference of 12/6/2019.
2019-11-13
Reply of petitioner Jeryme Morgan filed. (Distributed)
2019-10-29
Brief of respondents Minh Schott, et al. in opposition filed.
2019-09-04
Motion to extend the time to file a response is granted and the time is extended to and including October 29, 2019.
2019-08-30
Motion to extend the time to file a response from September 13, 2019 to October 29, 2019, submitted to The Clerk.
2019-08-14
Response Requested. (Due September 13, 2019)
2019-08-07
Brief amicus curiae of The National Association of Criminal Defense Lawyers filed. (Distributed)
2019-07-24
DISTRIBUTED for Conference of 10/1/2019.
2019-07-16
Waiver of right of respondents Minh Schott, et al. to respond filed.
2019-07-05
Petition for a writ of certiorari filed. (Response due August 7, 2019)
2019-04-29
Application (18A1113) granted by Justice Kavanaugh extending the time to file until July 5, 2019.
2019-04-26
Application (18A1113) to extend the time to file a petition for a writ of certiorari from May 6, 2019 to July 5, 2019, submitted to Justice Kavanaugh.

Attorneys

Jeryme Morgan
Michael Anthony ScodroMayer Brown LLP, Petitioner
Michael Anthony ScodroMayer Brown LLP, Petitioner
Minh Schott, et al.
Jane Elinor NotzOffice of the Illinois Attorney General, Respondent
Jane Elinor NotzOffice of the Illinois Attorney General, Respondent
Frank Henry BieszczatOffice of the Illinois Attorney General, Respondent
Frank Henry BieszczatOffice of the Illinois Attorney General, Respondent
The National Association of Criminal Defense Lawyers
Anthony F. ShelleyMiller & Chevalier Chartered, Amicus
Anthony F. ShelleyMiller & Chevalier Chartered, Amicus